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pabigot

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Posts posted by pabigot

  1. FWIW, when I was attempting to sign up on Dec 21 I had exactly the same problem repeatedly: failed security checks on both registering and contacting administrator about problems registering.  My support request was to be:

    When attempting to sign-up or to send this message, there is a section titled "Security Check" that has no content.  Submitting the form fails with "You did not pass the security check.  Please try again."

    Just before my last attempt to send the above through the support API of https://robertsrules.com/ in hopes it used different filtering, I suddenly got the photo prompt and could register on this site.  I assumed it was a one-time transient issue, but from this thread apparently it's recurring.

  2. On 12/22/2022 at 5:47 AM, Josh Martin said:

    I will note this is a very unusual provision.

    Indeed, and thank you for your response.  I apologize for not including the full text because I didn't anticipate an answer that the meeting must be called to order even if only a single member is present:

    Quote

    For there to be a quorum present at any meeting, twenty-five percent (25%) of the Members entitled to vote, must be represented either in person or by absentee ballot. In the event a quorum is not present, another meeting may be called subject to the same notice requirements and the required quorum shall be one-half (1/2) of the required quorum at the first meeting. No such subsequent meeting shall be held more than sixty (60) days following the original meeting.

    So we do have instructions on what to do if a quorum is not present.

    But in my hypothetical meeting there is a quorum with one member present.  My reasoning that that member could decline to call the meeting to order was based on an incomplete reading of RONR (12th ed.) 47:11 in a case where the member is not an officer.  I now see in clause 3 how the member can become chair in that case, and agree the meeting must be held.

    On 12/22/2022 at 5:47 AM, Josh Martin said:

    In organizations which have provisions like this, generally the organization's rules limit the annual meeting to only considering particular items of business which are determined well in advance (such as elections of officers, bylaw amendments, and the like), for which members have had an opportunity to cast votes in advance, and considering motions "from the floor" is often strictly regulated or even prohibited outright.

    This absolutely makes sense, but in this case the bylaws also specify the order of business for regular annual meetings and it includes "New Business" without any specific restrictions. This has created problems in the past where the attending membership adopted motions with fewer attendees than the quorum. We will have to work to amend the bylaws to fix this and other problems.

    On 12/22/2022 at 5:54 AM, Caryn Ann Harlos said:

    Okay proxy would have made this made sense, so the one attending member would have held all of those proxies?

    These are HOA bylaws in a state where proxy voting is explicitly excluded by state law (A.R.S 33-1260(C)).  Absentee ballots serve as the way to ensure members who cannot attend can be represented.

  3. I've read this related question.

    In this case Bylaws say of meetings of the members:

    Quote

    For there to be a quorum present at any meeting, twenty-five percent (25%) of the Members entitled to vote, must be represented either in person or by absentee ballot.

    What can happen if quorum is 25% of 136 = 34, there are 60 absentee ballots, and exactly one additional entitled-to-vote member shows up to the meeting (61 "present" >= 34 quorum)?

    It seems reasonable that one option is the entitled member declines to call the meeting to order and matters proceed as if nobody showed up.

    But (Q1) can that person call the meeting to order, go through the agenda including receiving and reading the teller's report, and adjourn the meeting with the ballot items determined by that report?

    Or (Q2) could that person call the meeting to order and make whatever decisions they wish unanimously (as long as their actions comply with all other rules)?

    If the answer to either question is "No" solely because any of (a) the member doesn't meet the criteria to chair the meeting, or (b) the member can't make a motion while chairing the meeting, or (c) there's nobody to second a motion, then:

    (Q3) Can the president and two members be sole attendees and proceed to execute the meeting as described?

    I think the answer to Q3 is yes, to Q1 probably yes, and to Q2 also probably yes (yikes), but would appreciate explanations if an answer is "no".

     

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